Rajasthan High Court - Jodhpur
State Of Rajasthan vs Bhaira Ram Meghwal on 21 November, 2022
Bench: Pankaj Mithal, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 309/2022
1. State Of Rajasthan, Through Director, Social Welfare
Department, Rajasthan, Jaipur
2. Assistant Director, Social Welfare Department, Jaisalmer
3. Hostel Superintendent, Government Scheduled Tribes
Hostel, Social Welfare Department, Ramdevra, District
Jaisalmer
----Appellants
Versus
Bhaira Ram Meghwal, Through Shri Bhoor Singh Rathore, Shri
Vinod Purohit And Dinesh Kumar Sharma, Trade Union Office
Railway Fatak 207 C Basni Iind Phase Jodhpur
----Respondent
For Appellant(s) : Mr. Anil Kumar Gaur, AAG
Mr. Anupam Gopal Vyas
For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MS. JUSTICE REKHA BORANA
Order
21/11/2022
This intra-court appeal has been preferred against the
judgment and order dated 10.12.2021 passed by the writ Court
whereby, the writ petition being S.B. Civil Writ Petition No.
4702/2021 (State of Rajasthan & Ors. Vs. Bhaira Ram Meghwal)
filed by the petitioners-appellants has been dismissed.
The facts, as revealed, demonstrate that the respondent
workman had raised an industrial dispute wherein, an award was
passed on 20.07.2016 by the Labour Court, Jodhpur. Since the
(2 of 3) [SAW-309/2022]
award was not complied with and the payment was not made, the
respondent preferred a petition under Section 33C(2) of the
Industrial Disputes Act, 1947(for short 'the Act'). The said petition
has been allowed vide order dated 02.11.2020 and the appellants
were directed to make payment of Rs.3,74,772/- within a period
of two months.
Aggrieved by the said order passed under Section 33C(2) of
the Act, the appellants preferred a writ petition and the same has
been dismissed after repelling the argument of the learned
counsel for the appellants that against the impugned award of the
Labour Court, a writ petition is pending.
The learned Single Judge observed that the award of the
Labour Court is intact and mere pendency of writ petition against
it would not suffice the purpose as there is neither any interim
order nor any direction staying its operation.
The same very ground has been argued by the learned
counsel for the appellants in this appeal also. It is an admitted fact
that the award of the Labour Court dated 20.07.2016, though
under challenge, has not been stayed by any Court. Its effect has
not been wiped off and it continues to exist in the text book and
as such it has to be implemented upon.
Accordingly, we find no error or illegality on the part of the
Labour Court in passing the order under Section 33C(2) of the Act
for the payment of amount of Rs.3,74,772/-. Learned counsel for
the appellants is unable to show that the amount so calculated by
the Labour Court is, in any way, incorrect.
In view of the aforesaid facts and circumstances of the case,
we find no merit in the appeal and the same is dismissed with the
(3 of 3) [SAW-309/2022]
direction to the appellants to make the aforesaid payment within a
period of two weeks from today.
(REKHA BORANA),J (PANKAJ MITHAL),CJ
4-Jayesh/-
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